George Zimmerman: Bond Hearing, Final ArgumentsBy Jeralyn, Section Crime in the News
Posted on Sat Jun 30, 2012 at 07:53:03 PM EST
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I think O'Mara did a pretty good job. He got in a lot of evidence about self-defense. The prosecutor mis-stated some evidence, which the Judge will easily see -- such as that Witness 6 never changed his account as to who was on top during the struggle -- all of his statements say it was Trayvon on top.
What won't be apparent to the judge now, but will be eventually, is that the state doesn't have "witnesses" who observed a chase. The only witness it has disclosed claiming at one time to see a chase, W-2, later retracted, saying she only got a glance and didn't have her contacts in. He didn't even attempt to claim he has a witness who could say who was chasing who -- he said it was his opinion George Zimmerman was chasing Trayvon.
Prosecutor de la Rionda did give out the crux of the state's theory: that Zimmerman wasn't truthful when he said Trayvon tried to smother him, because if Trayvon was smothering him, he wouldn't have been able to scream. (He ignores that Zimmerman said Trayvon removed his hand before reaching for his gun and that Zimmerman said he began crying out for help before Trayvon tried to smother him.) He produced no evidence to contradict Zimmerman's father it was George who was crying out for help.
Prosecutor de la Rionda also admitted yesterday that Trayvon struck Zimmerman. He seems to think it was justified because Zimmerman had profiled him as a criminal. He also thinks Zimmerman's injuries weren't serious enough for Zimmerman to fear serious bodily injury. And that bald people bleed more than people with hair.
What de la Rionda never addressed: Even if Zimmerman was the aggressor, how he could have extricated himself from the beating or Trayvon's reaching for his gun. So long as Zimmerman's fear was reasonable, and he couldn't extricate himself, he was entitled to respond with lethal force. All these profiling and hot pursuit arguments look destined for the red herring pile.
BBM
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On the other hand, the Judge said he didn't expect at the April 20 hearing that Zimmerman would stand up and say his wife was lying. He said he could have tugged at O'Mara's sleeve. Nor did he mean on April 20 that Zimmerman would have to testify at yesterday's hearing. He merely said he would give him that opportunity and he absolutely had a right not to testify. Keeping someone in pre-trial detention for what may be a year for failing to tug at his lawyer's sleeve seems excessive, to put it mildly.
O'Mara said Zimmerman is looking forward to testifying. Although he didn't say whether it would be at a stand your ground hearing or trial, it seems to me he's leaning towards filing a stand your ground motion.
The state said again yesterday it wasn't going to try its case at the bond hearing. It has never filed a motion asking that Zimmerman be detained based on the Arthur standard that proof of guilt is evident or the presumption great. It has never tried to meet that standard.
BBM
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At times, it sounded like O'Mara was making a record for appeal, and the Judge was complying, allowing him to introduce evidence he didn't really care to preserve the record. Maybe they all know how this is going to turn out.
At least if bond is denied, O'Mara will have made a good record for his habeas petition, unlike last time, when he was blindsided. And this time, there will be a written order if bond is granted or denied.
Listen to the closing arguments, and take a look at the law on bail in the links above, and let us know who you think made the better case yesterday. I think O'Mara did -- I just think the judge may have wanted more. Even so, I think he'll grant Zimmerman bond, probably on the same conditions as before.
....more at linkhttp://www.talkleft.com/story/2012/6/30/20533/6642